I understand that we have no recourse to any other subcontractor as we have no contract with them, the issue relevant to the target programme. As a target programme it does not reflect the the subcontract, but everyone bought into it and the allowances made are clearly shown to be relative to the target programme.
The issue is the overrun by one other subcontractor and the time between the allowances made to take it to the target date and the completion date in the subcontract, after that date, all is clear.
I cannot see any way to recover the cost of the logistics over the period between the target date and the completion date despite the “overrun” from the target date not being any fault of ours. I was hoping someone might have an idea.
I don’t believe the answer changes from the one John Broome provided in your previous question.
Your Employer, and you the Contractor have an Accepted Programme (presumably) which states a Completion Date. If you were to surpass this Completion Date because of something the Employer did not provide such as access, or something in accordance with the programme you would be entailed to raise a Compensation Event and recover time / cost in that way. This would only apply to the Accepted Programme which is 5 weeks longer than your ‘Target Programme’
There is no such thing as a ‘Target Programme’ within the NEC3 contract, only an Accepted Programme. It sounds to me that this ‘Target Programme’ was something you have worked towards in good faith and it has failed because of others. If this were an Accepted Programme, you may have been able to recover your time/cost under 60.1 (5) or (3)
The long and short of it is, that you were working to a ‘Target Programme’ and not your Accepted Programme which takes precedence as it’s bound within your Contract.
A way to have avoided this was that after Contract Award a new programme was sent to the Employer’s PM showing the new Completion Date, if that were Accepted you may have recovered the additional cost you’re incurring.
I think this has been answered elsewhere but there is no such thing as a
“target programme”. There is the latest Accepted Programme - which should reflect how you currently plan to do the work - and if it isn’t it could be rejected in accordance with 31.3.
When you say “target date” which is not a contractual term, I suspect that you mean
“planned Completion” which is a contractual term. As always within the contract, if planned Completion is beyond Completion date the only way to recover any additional cost and to get Completion date moved is if you can prove the reason for the delay in planned Completion is one of the reasons listed in 60.1 as to why this event is not your risk and hence a compensation event.